[Federal Register Volume 72, Number 74 (Wednesday, April 18, 2007)]
[Notices]
[Pages 19494-19499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-7349]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2007-0326; FRL-8301-5]


Proposed Approval of the Central Characterization Project's 
Transuranic Waste Characterization Program at Los Alamos National 
Laboratory

AGENCY: Environmental Protection Agency.

ACTION: Notice of availability; opening of public comment period.

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SUMMARY: The Environmental Protection Agency (EPA or we) is announcing 
the availability of, and soliciting public comments for 30 days on, the 
proposed approval of the radioactive, transuranic (TRU) waste 
characterization program implemented by the Central Characterization 
Project (CCP) at Los Alamos National Laboratory (LANL). This waste is 
intended for disposal at the Waste Isolation Pilot Plant (WIPP) in New 
Mexico. In accordance with the WIPP Compliance Criteria, EPA evaluated 
LANL-CCP's characterization of contact-handled TRU debris and solid 
waste during an inspection conducted May 23-25, 2006, as well as during 
follow-up inspections on August 22, 2006, and March 6, 2007. Using the 
systems and processes developed as part of the Department of Energy's 
(DOE's) Carlsbad Field Office (CBFO), EPA verified whether DOE could 
adequately characterize TRU waste consistent with the Compliance 
Criteria. The results of EPA's evaluation of the LANL-CCP program and 
the proposed approval are described in EPA's inspection report, which 
is available for review in the public dockets listed in ADDRESSES. We 
will consider public comments received on or before the due date 
mentioned in DATES.
    This notice summarizes the waste characterization processes 
evaluated by EPA and EPA's proposed approval. As required by the 40 CFR 
194.8, at the end of a 30-day comment period EPA will evaluate public 
comments received, finalize the report responding to the relevant 
public comments, and issue the final report and an approval letter to 
DOE's CBFO. Based on previous EPA inspections and approvals, LANL-CCP 
is currently approved to dispose of debris and solid waste at WIPP. 
LANL-CCP is permitted to continue waste characterization and disposal 
in accordance with prior site approvals while EPA establishes a 
baseline approval.

DATES: Comments must be received on or before May 18, 2007.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2007-0326, by one of the following methods:
    <bullet> http://regulations.gov: Follow the on-line instructions 
for submitting comments.
    <bullet> E-mail: to <a href="/cdn-cgi/l/email-protection#87e6aae6e9e3aaf5aae3e8e4ece2f3c7e2f7e6a9e0e8f1"><span class="__cf_email__" data-cfemail="d0b1fdb1beb4fda2fdb4bfb3bbb5a490b5a0b1feb7bfa6">[email protected]</span></a>
    <bullet> Fax: 202-566-1741
    <bullet> Mail: Air and Radiation Docket and Information Center, 
Environmental Protection Agency, Mailcode: 6102T, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460.
    Instructions: Direct your comments to Attn: Docket ID No. EPA-HQ-
OAR-2007-0326. The Agency's policy is that all comments received will 
be included in the public docket without change and may be made 
available online at http://regulations.gov, including any personal 
information provided, unless the comment includes information claimed 
to be Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. Do not submit information 
that you consider to be CBI or otherwise protected through http://regulations.gov or e-mail. The http://regulations.gov Web site is an 
``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://regulations.gov

[[Page 19495]]

your e-mail address will be automatically captured and included as part 
of the comment that is placed in the public docket and made available 
on the Internet. If you submit an electronic comment, EPA recommends 
that you include your name and other contact information in the body of 
your comment and with any disk or CD-ROM you submit. If EPA cannot read 
your comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket visit the EPA Docket Center 
homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://regulations.gov index. Although listed in the index, some information 
is not publicly available, e.g., CBI or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
at http://regulations.gov or in hard copy at the Air and Radiation 
Docket in the EPA Docket Center, (EPA/DC) EPA West, Room B102, 1301 
Constitution Ave., NW., Washington, DC. The EPA Docket Center Public 
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Public 
Reading Room is (202) 566-1744, and the telephone number for the Air 
and Radiation Docket is (202) 566-1742. These documents are also 
available for review in hard-copy form at the following three EPA WIPP 
informational docket locations in New Mexico: in Carlsbad at the 
Municipal Library, Hours: Monday-Thursday, 10 a.m.-9 p.m., Friday-
Saturday, 10 a.m.-6 p.m., and Sunday, 1 p.m.-5 p.m., phone number: 505-
885-0731; in Albuquerque at the Government Publications Department, 
Zimmerman Library, University of New Mexico, Hours: vary by semester, 
phone number: 505-277-2003; and in Santa Fe at the New Mexico State 
Library, Hours: Monday-Friday, 9 a.m.-5 p.m., phone number: 505-476-
9700. As provided in EPA's regulations at 40 CFR Part 2, and in 
accordance with normal EPA docket procedures, if copies of any docket 
materials are requested, a reasonable fee may be charged for 
photocopying.

FOR FURTHER INFORMATION CONTACT: Rajani Joglekar, Radiation Protection 
Division, Center for Federal Regulations, Mail Code 6608J, U.S. 
Environmental Protection Agency, 1200 Pennsylvania Avenue, Washington, 
DC 20460; telephone number: 202-343-9601; fax number: 202-343-2305; e-
mail address: <a href="/cdn-cgi/l/email-protection#056f6a6269606e64772b77646f646b6c456075642b626a73"><span class="__cf_email__" data-cfemail="c0aaafa7aca5aba1b2eeb2a1aaa1aea980a5b0a1eea7afb6">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

I. General Information

A. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
www.regulations.gov or e-mail. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as 
CBI and then identify electronically within the disk or CD ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments, 
remember to:
    <bullet> Identify the rulemaking by docket number and other 
identifying information (subject heading, Federal Register date and 
page number).
    <bullet> Follow directions--The agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
    <bullet> Explain why you agree or disagree; suggest alternatives 
and substitute language for your requested changes.
    <bullet> Describe any assumptions and provide any technical 
information and/or data that you used.
    <bullet> If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    <bullet> Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    <bullet> Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
    <bullet> Make sure to submit your comments by the comment period 
deadline identified.

II. Background

    DOE is developing the WIPP near Carlsbad in southeastern New Mexico 
as a deep geologic repository for disposal of TRU radioactive waste. As 
defined by the WIPP Land Withdrawal Act (LWA) of 1992 (Pub. L. 102-
579), as amended (Pub. L. 104-201), TRU waste consists of materials 
containing processes having atomic numbers greater than 92 (with half-
lives greater than twenty years), in concentrations greater than 100 
nanocuries of alpha-emitting TRU isotopes per gram of waste. Much of 
the existing TRU waste consists of items contaminated during the 
production of nuclear weapons, such as rags, equipment, tools, and 
sludges.
    On May 13, 1998, EPA announced its final compliance certification 
decision to the Secretary of Energy (published May 18, 1998, 63 FR 
27354). This decision stated that the WIPP will comply with EPA's 
radioactive waste disposal regulations at 40 CFR Part 191, Subparts B 
and C.
    The final WIPP certification decision includes conditions that (1) 
prohibit shipment of TRU waste for disposal at WIPP from any site other 
than the Los Alamos National Laboratories (LANL) until the EPA 
determines that the site has established and executed a quality 
assurance program, in accordance with Sec. Sec.  194.22(a)(2)(i), 
194.24(c)(3), and 194.24(c)(5) for waste characterization activities 
and assumptions (Condition 2 of Appendix A to 40 CFR part 194); and (2) 
(with the exception of specific, limited waste streams and equipment at 
LANL) prohibit shipment of TRU waste for disposal at WIPP (from LANL or 
any other site) until EPA has approved the procedures developed to 
comply with the waste characterization requirements of Sec.  
194.22(c)(4) (Condition 3 of Appendix A to 40 CFR Part 194). The EPA's 
approval process for waste generator sites is described in Sec.  194.8.
    In July 2004, EPA promulgated changes to the ``Criteria for the 
Certification and Recertification of the Waste Isolation Pilot Plant's 
Compliance with Disposal Regulations'' (69 FR 42571-42583, July 16, 
2004). These changes went into effect October 14, 2004, which modified 
the EPA approval of waste characterization (``WC'') programs at DOE's 
TRU waste sites. These revisions provide equivalent or improved 
oversight and better prioritization of technical issues in EPA 
inspections to evaluate WC activities at DOE WIPP waste generator 
sites, and also offer more direct public input into the Agency's 
decisions about what waste can be disposed of at WIPP. They do not 
modify the technical approach that EPA has employed since the 1998 WIPP 
Certification Decision.
    Condition 3 of the WIPP Certification Decision requires that EPA 
conduct independent inspections at DOE's waste generator/storage sites 
of their TRU

[[Page 19496]]

waste characterization capabilities before approving their program and 
the waste for disposal at the WIPP. The revised inspection and approval 
process gives EPA greater (a) discretion in establishing technical 
priorities, (b) ability to accommodate variation in the site's waste 
characterization capabilities, and (c) flexibility in scheduling site 
WC inspections. The Sec.  194.8 changes require that EPA conduct a 
baseline inspection at every previously approved TRU site (such as 
AMWTP/INL). EPA expects that within two years after the effective date 
of October 2004 most of the previously approved TRU sites (such as 
Hanford, Los Alamos CCP, and Savannah River Site CCP) will undergo EPA 
baseline inspections. Following these inspections, the Agency will 
issue a new baseline compliance decision for these sites.
    As part of the baseline inspection, EPA must evaluate each WC 
process component (equipment, procedures, and personnel training/
experience) for its adequacy and appropriateness in characterizing TRU 
waste destined for the disposal at WIPP. During the inspection, the 
site demonstrates its capabilities to characterize TRU waste(s) and its 
ability to comply with the regulatory limits and tracking requirements 
under Sec.  194.24. The baseline inspection can result in approval with 
limitations/conditions or may require follow-up inspection(s) before 
approval. The approval must specify what subsequent WC program changes 
or expansion should be reported to EPA. The Agency is required to 
assign Tier 1 (``TI'') and Tier 2 (``T2'') to the reportable changes 
depending on their potential impact on data quality. A T1 designation 
requires that the site must notify EPA of proposed changes to the 
approved components of an individual WC process (such as radioassay 
equipment or personnel), and EPA must also approve the change before it 
can be implemented. A WC element with a T2 designation allows the site 
to implement changes to the approved components of individual WC 
processes (such as visual examination procedures) but requires EPA 
notification. The Agency may choose to inspect the site to evaluate 
technical adequacy before approval. EPA inspections conducted to 
evaluate T1 or T2 changes are follow-up inspections under the authority 
of Sec.  194.24(h). In addition to the follow-up inspections, if 
warranted, EPA may opt to conduct continued compliance inspections at 
TRU waste sites with a baseline approval under the authority of Sec.  
194.24(h).
    The revisions to the site inspection and approval process outlined 
in Sec.  194.8 require EPA to issue a Federal Register notice proposing 
the baseline compliance decision, docket the inspection report for 
public review, and seek public comment on the proposed decision for a 
period of 30 days. The report must describe the WC processes EPA 
inspected at the site, as well as their compliance with Sec.  194.24 
requirements.

III. Proposed Baseline Compliance Decision

    In accordance with 40 CFR 194.8(b), EPA conducted a baseline 
inspection of the CCP's waste characterization program at LANL in Los 
Alamos, New Mexico. This inspection occurred on May 23-25, 2006, with a 
follow-up inspection of the visual examination (VE) process related to 
the sealed sources program conducted on August 22, 2006. On March 6, 
2007, the Agency also performed an on-site follow-up evaluation at LANL 
to verify the resolution of all open EPA issues. (All three inspections 
are grouped under EPA Baseline Inspection No. LANL-CCP-05.06-8).
    The CCP is a mobile characterization program that assists TRU waste 
generator sites with complex waste characterization activities. At some 
sites (such as LANL and Savannah River Site) and small TRU waste 
generator sites (such as Argonne National Laboratory and Lawrence 
Livermore National Laboratory) the CCP has the sole responsibility to 
characterize contact-handled (CH), retrievably-stored TRU waste 
destined for the disposal at the WIPP.
    The purpose of EPA's inspection was to verify that LANL-CCP is 
characterizing CH TRU retrievably-stored debris waste (S5000) and solid 
waste (S3000), properly and in compliance with the regulatory 
requirements at 40 CFR 194.24. EPA also evaluated characterization of 
sealed sources collected and repackaged as part of the Offsite Source 
Recovery Program (OSRP) at LANL as a CH TRU newly-generated debris 
waste. During the inspection, EPA also evaluated LANL-CCP's use of the 
WIPP Waste Information System (WWIS) for tracking the contents of CH 
TRU waste containers destined for disposal at WIPP. This tracking 
ensures that the volume emplaced in the WIPP repository and 
characteristics of the emplaced wastes conform to the requirements of 
the WIPP LWA and the specific conditions of the WIPP Certification 
Decision.
    During the inspection, EPA evaluated the adequacy, implementation, 
and effectiveness of LANL-CCP's waste characterization activities. The 
Agency's evaluation focused on the individual components--equipment, 
procedures, and personnel training/experience of the following waste 
characterization processes: Acceptable knowledge (AK), nondestructive 
assay (NDA), visual examination techniques (VET), visual examination/
real-time radiography (VE/RTR), load management, and the WWIS. The 
overall program adequacy and effectiveness of LANL-CCP was based on the 
following DOE-provided upper-tier documents: (1) CCP-PO-001--Revision 
13, 11/16/06--CCP Transuranic Waste Characterization Quality Assurance 
Project Plan and (2) CCP-PO-002--Revision 18, 11/16/06--CCP Transuranic 
Waste Certification Plan.
    EPA previously evaluated and approved WC systems at LANL, most 
recently in April 2005 (EPA Docket No. A-98-49, II-A4-57). LANL 
received approval to dispose of contact handled, retrievably-stored 
debris (S5000) and solid waste (S3000), and repackaged sealed sources 
as newly-generated debris waste prior to this baseline inspection. The 
purpose of the LANL-CCP baseline and follow-up inspections was to 
evaluate the adequacy of the site's WC programs for two TRU waste 
categories--debris and solids--to be disposed of at the WIPP; the 
debris included sealed sources from the OSRP. During the inspections, 
the Agency examined the following activities:
    <bullet> Acceptable knowledge (AK) and load management for contact-
handled (CH) retrievably-stored TRU debris waste (S5000) and solid 
waste (S3000) and AK for CH newly-generated, repackaged debris waste 
from the OSRP.
    <bullet> Visual examination (VE) as a quality control (QC) check of 
real-time radiography (RTR) and in lieu of RTR for CH retrievably-
stored TRU debris waste (S5000) and solid waste (S3000) and Visual 
Examination Technique (VET) for CH newly-generated, repackaged debris 
waste from the OSRP.
    <bullet> RTR for CH retrievably-stored TRU debris waste (S5000) and 
solid waste (S3000).
    <bullet> Nondestructive assay (NDA), specifically, three NDA 
systems--LANL HENC <greek-i>1 and LANL HENC <greek-i>2 for 
characterizing debris (S5000) and solid (S3000) waste, respectively, 
and the portable tomographic gamma scanner

[[Page 19497]]

(PTGS) for characterizing debris waste (S5000) \1\ only.
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    \1\ NDA systems are typically not matrix-specific in the same 
manner as other characterization techniques and their approval is 
not tied to specific waste matrix categories (i.e., S3000 or S5000). 
Specifically, virtually any material within the system's matrix 
calibration range may be assayed.
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    <bullet> WIPP Waste Information System (WWIS) for CH retrievably-
stored TRU debris waste (S5000) and solid waste (S3000).
    In addition to reviewing individual components (namely, procedures, 
and equipment) of each of the WC processes (AK, NDA, VET, VE/RTR, load 
management, and the WWIS), the Agency interviewed and reviewed training 
records of personnel responsible for compiling data, analyzing waste 
contents, operating equipment, and preparing data for WWIS tracking. 
EPA also required radioassay replicate analysis on selected containers 
from the population of previously analyzed waste containers on the same 
system or instrument for the two different waste categories. The 
purpose of this replicate testing is to provide EPA with an independent 
means to verify that the radioassay equipment being assessed for 
approval can provide consistent, reproducible results for the 
determination of the quantity of 10 WIPP-tracked radionuclides (241Am, 
137Cs, 238Pu, 239Pu, 240Pu, 242Pu, 90Sr, 233U, 234U, and 238U) as well 
as TRU alpha concentration. The results of the replicate analysis help 
EPA to determine whether:
    <bullet> The instrument produces results consistent with the 
reported total measurement uncertainty (TMU) by comparing the sample 
standard deviation for a number of replicate measurements taken over 
several hours or days to the reported TMU.
    <bullet> The instrument provides reproducible results over longer 
periods of time, such as weeks or months, by comparing the results of 
the replicate measurement(s) to the original reported values.
    The EPA inspection team identified one finding and seven concerns. 
The finding in the area of VE and five of the concerns required a 
response from DOE, while two concerns did not require a response. EPA 
Inspection Issue Tracking Forms (see Attachments C.1 through C.8 to the 
proposed baseline inspection report) document the finding and seven 
concerns. Personnel from LANL, CBFO, and CCP provided information on 
resolutions for the finding and concerns to the EPA inspection team 
prior to the closeout of the onsite inspection and after the 
inspection. The information provided by CBFO addressed the one finding 
and the concerns that required a response, as well as the two concerns 
that did not require a response. Between May 2006 and March 2007, CCP 
provided satisfactory resolution addressing three concerns while one 
finding and three concerns remained unresolved. At the follow-up 
inspection on March 6, 2007, CCP discussed with the EPA inspection team 
their responses for the four outstanding issues that EPA evaluated for 
completeness and adequacy, and concluded that each had been resolved 
satisfactorily. EPA considers the one finding and all concerns to be 
resolved, and there are no open issues resulting from this inspection.
    The EPA inspection team determined that the LANL-CCP WC program 
activities were technically adequate. EPA is proposing to approve the 
LANL-CCP WC program in the configuration observed during this 
inspection and described in this report and the checklists included in 
the proposed baseline inspection report (Report Attachments A.1 through 
A.8). This proposed approval includes the following:
    (1) The AK and load management process for CH retrievably-stored 
TRU debris and solid wastes and for newly-generated debris wastes from 
the OSRP.
    (2) The LANL HENC <greek-i>1 and LANL HENC <greek-i>2 NDA systems 
for assaying solid and debris wastes.
    (3) The PTGS NDA system for assaying debris waste.
    (4) VE as a QC check of the RTR process and in lieu of the RTR 
process for retrievably-stored solid and debris wastes and VET of 
newly-generated debris wastes from the OSRP.
    (5) The nondestructive examination process of RTR for retrievably-
stored solid and debris wastes.
    (6) The WWIS process for tracking of waste contents of solid and 
debris wastes, including debris from the OSRP.
    LANL-CCP must report and, if applicable, receive EPA approval of 
any changes to the WC activities from the date of the baseline 
inspection, according to Table 1, below. Table 1 in this report is not 
identical to those included in previous baseline inspection reports and 
EPA site approval letters in several ways. The most important of these 
involve presentation of the Tier 2 (T2) elements. In previous reports 
there were two T2 columns that have been merged into a single T2 column 
for LANL-CCP. The T2 column entries have also been modified to better 
reflect the 40 CFR 194.24 (h) requirements that the site provide 
notification regarding the completion or availability of specific T2 
elements, whereas the previous tables stated that the site must 
actually provide the T2 elements (document or procedure revisions, 
etc.). This approach is similar to the tiering tables used in EPA 
reports for sites characterizing remote handled TRU waste. 
Additionally, there are other minor word changes to the table for the 
sake of legibility.
    There are changes to specific WC areas as well. For AK, the AK 
Reassessment Memoranda (reflecting resolution to concern LANL-CCP-AK-
06-001CR) and the AK-VE Memoranda related to VE cited under T2 changes 
(reflecting resolution to finding LANL-CCP-VE-06-004F) do not appear in 
the tiering tables in previous baseline inspection reports. Similarly, 
requesting revisions to CCP-AK-008 or notification regarding the 
combination of waste streams that were distinct at the time of 
inspection are specific to the LANL OSRP or the result of information 
identified during this inspection. Accordingly, these are absent from 
the tiering tables in previous baseline inspection reports. For WWIS, 
changes to specific process elements (e.g., spreadsheets and data 
fields) are cited as T2 changes and these did not appear in previous 
tiering tables. These were added to provide a greater degree of 
specificity in an attempt to identify and focus on the key elements 
relevant to waste isolation.
    The table below summarizes EPA's proposed tiering for LANL-CCP. As 
described previously, T1 changes require EPA approval prior to 
implementation of the change and may require EPA inspection to 
determine technical adequacy. T2 changes may be implemented prior to 
EPA approval; however, this type of change must be reported to EPA 
quarterly. Any changes to WC activities from the date of the baseline 
inspection must be reported to and, if applicable, approved by EPA, 
according to the following table:

[[Page 19498]]



 Table 1.--Tiering of TRU WC Processes Implemented by LANL-CCP Based on
    May 23-25, 2006 On Site Baseline Inspection, August 22, 2006 OSRP
                 Inspection and March 6, 2007 Evaluation
------------------------------------------------------------------------
                                 LANL-CCP WC T1        LANL-CCP WC T2
     WC process elements             changes              changes*
------------------------------------------------------------------------
Acceptable Knowledge (AK)     Any new waste         Notification to EPA
 and Load Management.          category, or new      upon completion of
                               OSRP wastes           AK Accuracy
                               addressed in AK       Reports; AK (2).
                               Summaries separate   Notification to EPA
                               from CCP-AK-008; AK   upon completion of
                               (3), AK (6), AK       updates to or
                               (16) and (AK) 17.     substantive
                              Implementation of      modifications of
                               Load Management for   the following:
                               waste streams other  --AK Reassessment
                               than AK-009; AK       Memoranda; AK (1)
                               (5)..                 and AK (6).
                                                    --AK-VE Memoranda
                                                     related to VE and/
                                                     or RTR techniques;
                                                     AK (2).
                                                    3--AK-NDA Memoranda;
                                                     AK (3).
                                                       --Site procedures
                                                        requiring CBFO
                                                        approval; AK
                                                        (4).
                                                       --AK Summary CCP-
                                                        AK-008, if
                                                        changed to
                                                        include newly
                                                        approved \239\Pu
                                                        and \241\Am
                                                        sealed sources
                                                        and/or
                                                        irradiated
                                                        sources; AK (6).
                                                       --Combination of
                                                        waste streams
                                                        that were
                                                        distinct at the
                                                        time of this
                                                        inspection; AK
                                                        (6).
                                                       --Change Notices
                                                        used to modify
                                                        and update
                                                        WSPFs, including
                                                        additions to
                                                        waste stream(s)
                                                        within an
                                                        approved waste
                                                        category; AK
                                                        (9).
Nondestructive Assay (NDA)..  New equipment or      Notification to EPA
                               physical              upon completion of
                               modifications to      changes to software
                               approved              for approved
                               equipment**; NDA      equipment,
                               (1).                  operating range(s)
                              Extension or changes   and site procedures
                               to approved           that require CBFO
                               calibration range     approval; NDA (2).
                               for approved
                               equipment; NDA (2)..
Real-Time Radiography (RTR).  N/A.................  Notification to EPA
                                                     upon the following:
                                                    --Implementation of
                                                     new equipment or
                                                     substantive changes
                                                     to approved
                                                     equipment; RTR (1).
                                                    --Completion of
                                                     changes to site
                                                     procedures
                                                     requiring CBFO
                                                     approvals; RTR (2).
Visual Examination (VE) and   N/A.................  Notification to EPA
 Visual Examination                                  upon the following:
 Technique (VET), including                         --Completion of
 OSRP Wastes (Sealed Source                          changes to site VE
 VET or SSVET).                                      and VET procedures
                                                     requiring CBFO
                                                     approvals,
                                                     including OSRP VET
                                                     procedure; VE (1)
                                                     and SSVET (1).
WIPP Waste Information        N/A.................  Notification to EPA
 System (WWIS).                                      upon the following:
                                                    --Completion of
                                                     changes to WWIS
                                                     procedure(s)
                                                     requiring CBFO
                                                     approvals; WWIS (1)
                                                     and WWIS (2).
                                                       --Changes to the
                                                        Excel
                                                        spreadsheet,
                                                        WWIS data entry
                                                        summary,
                                                        characterization
                                                        and
                                                        certification;
                                                        WWIS (1) and
                                                        WWIS (2).
------------------------------------------------------------------------
* Upon receiving EPA approval, LANL-CCP will report all T2 changes to
  EPA at the end of each fiscal year quarter.
** Modifications to approved equipment include all changes with the
  potential to affect NDA data relative to waste isolation and exclude
  minor changes, such as the addition of safety-related equipment.

    EPA will notify the public of the results of its evaluations of 
proposed Tier 1 (T1) and T2 changes through postings to the EPA WIPP 
Web site and by sending e-mails to the WIPP-NEWS listserv (see Section 
2.0 of this report for a brief discussion of tiering). All T1 changes 
must be submitted for evaluation and approval by EPA before their 
implementation. Upon approval, EPA will post the results of the 
evaluations through the EPA Web site and the WIPPNEWS list, as 
described above. Upon completion of its review of the T2 changes 
submitted at the end of each fiscal quarter, EPA will post the T2 
changes. EPA expects the first report of LANL-CCP's T2 changes at the 
end of the fourth quarter FY 2007.
    The scope of the site baseline compliance decision is based on 
EPA's inspections completed on May 25, 2006, and August 22, 2006, and 
the follow-up evaluation conducted on March 6, 2007.

IV. Availability of the Baseline Inspection Report for Public Comment

    EPA has placed the report discussing the results of EPA's 
inspection of the CCP waste characterization program at LANL in the 
public docket as described in ADDRESSES. In accordance with 40 CFR 
194.8, EPA is providing the public 30 days to comment on these 
documents. The Agency requests comments on the tiering designations and 
the proposed approval decision. EPA will accept public comment on this 
notice and supplemental information as described in Section 1.B. above. 
The EPA will not make a determination of compliance before the 30-day 
comment period ends. At the end of the public comment period, EPA will 
evaluate all relevant public comment and revise the inspection report 
as necessary. The Agency will then issue an approval letter and the 
final inspection report,

[[Page 19499]]

both of which will be posted on the WIPP Web site. The letter of 
approval will allow CCP to use the approved TRU waste characterization 
processes to characterize waste at LANL.
    Information on the certification decision is filed in the official 
EPA Air Docket, Docket No. A-93-02 and is available for review in 
Washington, DC, and at the three EPA WIPP informational docket 
locations in New Mexico (as listed in ADDRESSES). The dockets in New 
Mexico contain only major items from the official Air Docket in 
Washington, DC, plus those documents added to the official Air Docket 
since the October 1992 enactment of the WIPP LWA.

    Dated: April 11, 2007.
Elizabeth Cotsworth,
Director, Office of Radiation and Indoor Air.
 [FR Doc. E7-7349 Filed 4-17-07; 8:45 am]
BILLING CODE 6560-50-P


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